Streets and Highways Code, 1935

After an improvement contract is awarded, the responsible public body must pay any excess improvement cost from general or available funds if the cost is more than can be specially assessed; in a multi-jurisdiction case with all required consents, a consenting legislative body may fund and transfer some or all of that excess.

A legislative body may disregard assessment limits only after making specific findings by a four-fifths vote; a written majority protest can block exceeding the limits except in Section 2932 proceedings.

A qualifying written protest can require the proposed proceedings to stop, and it bars the legislative body from starting or continuing the same project for one year.

If a majority protest covers only part of a project, further proceedings on that protested part are barred for one year. The legislative body may still start new proceedings that leave out the protested part, and may also proceed on the protested part within that year if it gets a four-fifths vote and majority-owner support in the assessment district.

For sewerage or drainage facilities only, the legislative body may overrule a majority protest if it makes the required four-fifths vote findings.

If the legislative body makes the required finding, it may direct the clerk to mail prepaid postcards notice of the findings and proposed action.

A notice of proposed assessment must be sent in a prescribed form, and interested property owners may return the attached card to request the investigation procedure within 30 days.

If a parcel is assessed as owner unknown, no notice has to be sent unless an interested person files their name and address with the clerk; then notice must be mailed to that person and address.

If there is no fraud, mailing errors or non-receipt of the notices do not affect the validity of the proceedings. The clerk must file an affidavit of mailing and include the names and addresses of the people the notices were sent to.

After the 30-day notice period, the legislative body must compute demands for investigation and decide whether owners of 15% of the proposed assessment district area requested it.

If owners of 15% of the proposed assessment district area do not demand the investigation, the legislative body may proceed under the chosen statute, subject to the division’s majority protest provisions.

If owners of at least 15% of the proposed district area demand an investigation, this division applies to the proposed proceeding if the legislative body takes any further steps.

A legislative body using assessment proceedings under the Municipal Improvement Act of 1913 may use this part’s alternative procedure.

If a legislative body uses this procedure to form an assessment district, it must make specific disclosures, include required report information, add a notice statement, and confirm that certain assessments stay within a one-half value limit.

This section defines “true value” for parcels as the fair market value of the land and improvements, determined by the legislative body.

If an improvement or acquisition is made, the cost of the proceedings under this division may be added to incidental expenses and included in the amount covered by special assessments or special-assessment bonds.

If proceedings are abandoned, the costs up to that point are charged to the treasurer of the city, county, district, or other public corporation that started them.

This section defines “State Highway Account” as the State Highway Account in the State Transportation Fund.

The state highway system consists of the routes described in this article.

This chapter may be cited as the California Toll Bridge Authority Act.

The article’s general provisions control how this chapter is interpreted, unless a specific provision or the context says otherwise.

This section defines “Commission” as the California Transportation Commission.

This section defines several roadway and transit structure terms broadly to include related appurtenances, improvements, approaches, associated land interests, and buildings.

This section defines “transportation facilities” for this chapter.

This section defines “additional transportation facilities.”

“Bond” means written evidence of debt that the authority may issue to secure funds for chapter purposes.

The State is not barred from making appropriations for toll bridge and related toll highway projects, including preliminary studies and expenses.

The California Toll Bridge Authority is abolished, and the California Transportation Commission takes over its powers and property.

This section describes the official Route 1 highway segments and sets duties if parts of the route are relinquished to cities.

The commission may relinquish part of Route 1 in Torrance to the city, and the city must keep traffic moving and maintain route-direction signs after relinquishment takes effect.

The commission may relinquish part of Route 1 to the City of Newport Beach, and the city must keep traffic flowing and maintain route-direction signs after relinquishment.

The commission may transfer part of Route 1 to the City of Laguna Beach if stated conditions are met, and the city must keep traffic moving and maintain route-direction signs after the transfer takes effect.

The commission may relinquish part of Route 1 to the City of Pismo Beach if conditions are met, and the city must then keep traffic moving and maintain route signs.

Objections to the project report or hearing notice must be written and filed with the legislative body’s clerk by the hearing time, or they are waived unless there is actual fraud.

The commission may direct the department to build or acquire certain toll facilities, pay for them with chapter funds, and in some cases acquire a privately owned ferry.

The commission may use revenue bond proceeds for a ferry system and must take necessary steps to finance it once feasibility is determined.

The commission, the department, and the Golden Gate Bridge, Highway and Transportation District may not build a bridge or other highway crossing across San Francisco Bay, except to replace existing crossings on a one-for-one basis.

The commission must set toll and other charges for covered toll bridges, tubes, and toll highway crossings, except where another statute provides otherwise; it also cannot change the seismic retrofit surcharge in Section 31010.

The commission may allow certain emergency or public-agency vehicles to cross toll facilities without paying a toll.

The commission must let California Highway Patrol members on duty pass toll-free on toll bridges, tubes, and other toll highway crossings under its jurisdiction.

The commission must give toll-free passage on covered toll crossings to funeral procession vehicles for a person who died while on active duty, and the State Controller must reimburse the commission and adopt implementing rules.

The commission may grant toll-free or reduced-rate passage on toll bridges, but must keep tolls high enough to satisfy bond obligations and must extend the same benefit to certain two-person class I vehicles when they carry two people.

When setting toll charges, the commission must consider operating and maintenance costs and set tolls to produce annual revenue equal to those expenses, subject to Section 30102.5.

The Bay Area Toll Authority must set toll charge rates, subject to specified exceptions, and may allow reduced-rate or toll-free passage on certain state-owned toll bridges.

The Commission may change fixed toll charges when conditions justify it.

The commission must set the terms and conditions for certain toll-bridge and transportation activities, and no covered person or entity may do those acts without the commission’s authorization or permission.

The commission may grant permits and make contracts for toll bridge or toll highway use, but only after deciding the permit or contract is advisable or necessary for financing or safe, proper use and in the state’s best interests.

A transportation company or corporation regulated by the Public Utilities Commission must still get the required certificate and follow all lawful PUC orders, rules, and regulations for service over a toll bridge or other highway crossing.

The commission may let transportation providers use its transportation facilities and related facilities under terms it considers proper.

The commission must include a clause in certain toll-bridge and toll-highway contracts and permits saying that related rights cannot be counted as value in later condemnation proceedings.

In a condemnation proceeding, certain rights tied to toll bridge or toll highway use cannot be treated as value.

Objections or protests about the validity of proceedings under this division must be made in writing and filed on time; if not, they are waived and cannot later be raised.

The commission may operate certain toll-bridge or highway-crossing transportation facilities, but it must first determine that doing so is advisable or necessary and in the State’s best interests.

The commission, its officials, and all state officials may take necessary or desirable lawful actions and make agreements related to toll bridges, highway crossings, related transportation facilities, and the safeguarding and payment of related funds and debt.

The department and commission must consider bicycle and pedestrian facilities on new toll bridges, and the commission must include them if they are feasible.

The commission may use toll bridge net revenues to fund research on high technology motion control devices for the bridges.

No toll may be charged for pedestrians, bicycles, or personal micromobility devices on certain state-owned bridges, unless the subdivision (b) exception applies.

Challenges to the covered proceedings must be filed within 30 days, or they become barred.

The department is in charge of toll bridge and toll highway crossing acquisition, construction, operation, maintenance, and toll collection. The director must start construction once funds are available and complete the work as quickly as possible.

Tolls on state-owned toll bridges must be set using axle count.

When the department submits or develops a toll-bridge capital expenditure or improvement request/program in the covered region, it must send a copy to the Metropolitan Transportation Commission, and that commission must review it and forward findings and recommendations to the department and the California Transportation Commission.

If the department sells certain toll coupons or commuter ticket books to the public, it must make them available at convenient public locations and by mail.

Additional transportation facilities may not be built or operated in a county or city unless the local route has been approved by the relevant local legislative body.

The department must design the bridges and transportation facilities covered by this chapter and may build them itself or by contract.

The department must build the covered bridges and transportation facilities under the State Contract Act, but it can set the required bid security amounts for those projects.

The department must require contractors to provide bonds for contract performance and for payment of labor, materials, and supplies, and must set the bond terms and amounts.

The commission may authorize the department to acquire or build certain tunnels, subways, underpasses, overpasses, and similar crossings when the department considers it advisable.

The department may designate and adopt certain county roads as state highways if they connect a state highway with a publicly owned bridge or toll bridge.

The commission and the department must keep separate accounts for each toll bridge or crossing and prepare annual financial statements. Bondholders may inspect those statements at reasonable times.

The department may issue credit-based permits for toll bridge or toll highway crossings, and usually must require the permit holder to post and keep a surety bond.

The department may revoke a permit if the permit holder fails to comply with its terms.

The department may require a permit holder to pay up to $7 per month, plus an additional per-transaction fee, to cover printing and overhead costs.

The department may limit credit-basis use of toll bridges or other toll highway crossings to certain vehicle classes when needed to facilitate traffic movement.

The department may waive the surety bond requirement for a credit permit holder at bridges with an operating automatic vehicle identification system, and must notify the Legislature when such a system starts operating on another bridge.

The department may ask the Controller to discharge it from accountability for toll collection when tolls cannot be collected because the obligor is insolvent, or when collecting the tolls would cost too much compared with the amount due.

This section describes Route 2’s route segments and sets rules for relinquished portions, including city sign-maintenance duties and when a relinquishment takes effect.

Route 3 is defined as running between the listed highway points and through Main Street in Yreka for one segment.

Bond sale proceeds must be paid to the State Treasurer and kept in a segregated fund for the relevant toll bridge or transportation project.

Bond sale proceeds must be used only for specified bridge, highway crossing, transportation facility, land, easement, and interest costs; the commission may set extra conditions on disbursement.

Unused acquisition/construction money and certain surplus revenues must be invested in eligible bonds and obligations.

Surplus in the acquisition and construction fund must be used first to retire certain bonds; if bonds cannot be bought or called, the surplus must go into the principal-and-interest fund for that purpose.

The department must pay toll revenues to the State Treasurer at least monthly, and the Treasurer must deposit them immediately into authorized state-fund depositaries for a segregated special fund.

The State Treasurer must transfer bond-payment amounts from designated funds and keep those transferred funds segregated for principal and interest payments only.

Money left in a separate toll revenue fund after bond interest and redemption must be handled as required by the bond proceedings; if those proceedings do not set a special rule, the money may be used for related toll-bridge or transportation purposes as the commission decides.

The State Controller must draw warrants for bond-related payments when the State Treasurer requests it and the warrants are needed to make those payments.

Money needed for toll bridge or related transportation facility acquisition, construction, operation, maintenance, or repair must be paid from the proper fund, on the department’s demand, after legal audit, and by Controller warrant.

Interest earned on money in each fund covered by this article must be credited to that same fund.

Bond proceeds and toll revenues may be used to pay commission expenses connected with issuing and selling bonds for the relevant toll bridge or transportation facilities.

When bond issues for a toll bridge or highway crossing also cover related transportation facilities, the article’s money-handling rules apply to those related funds too.

If certain bonds for transportation facilities do not include the related toll bridge or other highway crossing, this article’s rules on bond proceeds, acquisition and construction funds, tolls, toll revenue funds, and related money apply to the money or funds for those facilities.

This section describes the locations and segments that make up Route 4.

The department may acquire bridges, transportation facilities, related property, and associated rights, but only when the commission has authorized the acquisition or construction involved.

In eminent domain proceedings for chapter purposes, specified toll-bridge and related property that is already devoted to a public use may be condemned and taken, and the chapter’s use is treated as the superior public necessity.

In eminent domain proceedings for chapter purposes, specified property and privileges may be condemned and taken, and that acquisition is treated as a superior and permanent public necessity, subject to a railroad-use exception.

If the State or a state agency acquires an existing toll bridge or related property, the property stays taxable by local governments, and the State must pay the county any franchise amounts due for building the bridge.

This section gives a right of way over specified state and local public property for bridges, highway crossings, and transportation facilities.

The commission may pay agreed compensation for certain county or local public property taken or damaged for bridge or toll highway projects, or it may start eminent domain proceedings to determine compensation.

The commission is entitled to the benefit of any reservation or grant made to the state or a state agency for constructing or maintaining specified transportation facilities over or across property.

The director may lease, sell, exchange, or otherwise dispose of certain acquired property, but only with terms and reservations first approved by the commission.

The director may, with commission approval, dedicate or transfer certain acquired property to a county, city, or other public or municipal corporation, but only subject to necessary existing rights or interests for related bridge, highway crossing, or transportation facilities.

The director must execute or accept any agreement, lease, or conveyance authorized by this chapter on behalf of the State.

Money received from the property must be placed into the fund for the bridge, highway crossing, or transportation facilities for which the property was originally acquired.

When certain toll bridge or highway crossing facilities are being built by the department, the department and the commission may arrange insurance or an indemnity bond in an amount the commission considers proper.

The commission may buy insurance it considers proper to cover accidents or destruction to toll bridges and related facilities until the related bonds and interest are fully paid.

Money collected from an indemnity bond or insurance policy for damage to certain toll facilities must be used to repair or rebuild those facilities while related revenue bonds remain outstanding and unredeemed.

The commission may buy insurance or indemnity bonds to cover lost tolls or other revenues if use of a toll facility is interrupted.

Route 5 is defined as running from the international boundary near Tijuana to the Oregon state line, passing through or near several listed cities and areas.

Local governments may provide money, property, labor, and materials for toll bridge or highway crossing projects when requested by the department or commission.

Local governments may issue general obligation bonds for purposes listed in this article, and the bond process must follow the bond law for public improvements applicable to that subdivision or corporation.

Money or property advanced or contributed under this article may be transferred or delivered immediately to the department or the commission.

The commission may make a binding repayment agreement with certain local governments, but repayment cannot happen until the related obligations are fully paid off and only from toll and operating revenues.

Toll collection must continue on a toll bridge or highway crossing until the related bonds are fully redeemed and paid.

After the bonds are fully paid off, the commission may keep collecting tolls and other revenues from the toll bridge or other highway crossing.

Certain local public entities may petition the commission to authorize a toll bridge or toll highway crossing, and if the commission refuses or does not act within three years, they may proceed subject to Article 7 limits.

Route 6 runs from Route 395 near Bishop to the Nevada state line near Montgomery Pass.

This section defines “Authority” and “Toll bridge” for this article.

The toll bridge and its approaches are a primary state highway, and free-highway laws do not affect toll-setting or toll collection powers.

The department must permanently maintain and operate the toll bridge as a primary state highway, keeping its physical condition and operating efficiency at the highest level.

The department must keep the toll bridge in compliance with all lawful orders from specified federal officials and any other authority with jurisdiction.

Local and state permitting authorities may not require bicycle, pedestrian, or mass transit facilities on the San Francisco-Oakland Bay Bridge as a condition for permits, easements, or other approvals for a new bridge.

The department must pay the cost of operating and maintaining the architectural lights on the toll bridge from available toll bridge revenue funds.

Maintenance and operation expenditures for the Terminal Building in San Francisco are to be treated as proper charges against the San Francisco-Oakland Bay Bridge revenues.

This section defines “toll bridge” for this article.

The commission may direct the State Controller to transfer specified funds for toll bridge financing, studies, and construction-related expenses.

Amounts transferred under Section 30682 must be repaid to the accounts they came from, but repayment is deferred until the bridge-related obligations and bonds are fully redeemed and paid, and repayment can come only from tolls and operating revenue.

After the bridge bonds are fully paid, the commission must keep collecting tolls and other revenues until the related accounts are repaid; once all accounts are repaid, the bridge must be toll-free or tolls must be set only high enough for needed operation, maintenance, and insurance.

Route 7 runs from the northerly boundary of the Federal Port of Entry near Calexico to Route 8 near El Centro.

This section defines “Carquinez Bridge” and “Benicia-Martinez Bridge” for this article.

The department may lay out, acquire, construct, modify, improve, and reconstruct the Carquinez Bridge and the Benicia-Martinez Bridge.

This section defines “Antioch Bridge” for this article.

The department may modify, improve, reconstruct, and remodel the Antioch Bridge when needed to handle anticipated traffic and allow toll collection.

This section defines terms used in the article, including “District,” “rapid transit tube,” and “approaches,” and specifies where the tube termini should be located.

The district gets sole control of the rapid transit tube, while the department handles funding mechanics, a claims fund, limited investments, and returning unused money.

The referenced toll bridge act applies to the department and authority for the rapid transit tube, but not to the district, and it does not allow the department or authority to fix a toll for using the tube.

The commission may issue bonds for additional highway crossings across San Francisco Bay and may pledge bridge and crossing revenues to secure them.

The district must repair, maintain, operate, and insure the rapid transit tube.

This section defines the San Mateo-Hayward Bridge and the Dumbarton Bridge and describes their connecting approaches.

The department may modify, improve, reconstruct, and remodel the San Mateo-Hayward Bridge and the Dumbarton Bridge when needed to handle traffic and allow toll collection.

This section defines the San Diego-Coronado Bridge and its necessary approaches as the crossing over San Diego Bay connecting San Diego and Coronado.

The department must try to secure funding for a ferry feasibility study, and it may conduct the study only if adequate funding is obtained.

This section lets the San Diego Association of Governments issue toll bridge revenue bonds and places bridge toll revenues under a lien until the bonds are paid off.

If the department finds that a ferry system is feasible, the authority must promptly take steps to get the consent of the bridge bondholders for operating that ferry system.

The department must grant a franchise for a ferry system between San Diego and Coronado once bondholders have consented.

The department must deposit net revenues from the ferry system into the San Diego-Coronado Toll Bridge Revenue Fund.

San Diego Association of Governments may impose tolls on the San Diego-Coronado Bridge, but must set them after a public hearing and keep class 1 vehicle tolls at or below $1.50 per vehicle.

The department may allow any class of vehicles to use the bridge on credit without posting the security required by Section 30158.